Liberty Building Corporation (Liberty) and its owners appeal from the district court’s order finding that the property purchased by Liberty in a chapter 11 bankruptcy sale is burdened by restrictive covenants limiting its use to a golf course. Liberty wished to develop the property for other purposes, but homeowners adjacent to the property filed suit to compel its continued maintenance as a gol... More...   $0 (12-05-2008 - NE)

Appellees Ord, Inc., with Kevin Ord as owner, and D&J Trust, with Dan Liebig as trustee, purchased notes issued by DFS Credit Corporation (DFS) from Aragon Financial Services (Aragon) through its registered representative Kent Carter. Carter’s company was called AmFirst Investment Services. Carter was associated with appellants, AmFirst Bank and its president, Van Korell. DFS defaulted on those ... More...   $0 (12-05-2008 - NE)

Rodney A. Ballard brought this 42 U.S.C. § 1983 action against Nebraska Governor David Heineman, Nebraska Attorney General Jon Bruning and Nebraska State Trooper No. 371, Dean Riedel. Ballard alleges he was the victim of Riedel’s racially-motivated traffic stop and subsequent unconstitutional search and seizure, which Heineman and Bruning promoted through policies that encouraged the targeting ... More...   $0 (12-01-2008 - NE)

David V. Chebatoris, special administrator for the estate of Sharon L. Moyer (Moyer), appeals the decision of the district court for Otoe County, Nebraska. The underlying dispute arose over Moyer’s creation of a revocable trust. The special administrator alleged that Moyer had not properly transferred ownership of her real and personal property to the trust and that the property should instead b... More...   $0 (11-07-2008 - NE)

Schuyler Cooperative A ssociation (Schuyler) filed suit in the district court for Colfax County against Charles M. S ahs to enforce a promissory note S ahs had executed in favor of Schuyler. S ahs presented certain defenses which the district court rejected. T he district court concluded that the promissory note was enforceable. T he court denied S ahs’ motion for summary judgment and sustained ... More...   $0 (09-19-2008 - NE)

This is a contract claim by P avers, Inc., against the B oard of Regents of the University of Nebraska (University). T he dispute involves a contract for the performance of earthwork for a student housing project at 16th and Y Streets in Lincoln, Nebraska. T he contract was composed of several documents prepared by the University, and the bid included price quotes for 11 separate construction acti... More...   $0 (09-12-2008 - NE)

Appellants were each either customers of the Exchange Bank of Gibbon (Bank) or have been sued by the Bank. The appellants brought this action as a class action against the Bank, its holding company, and various shareholders, officers, and employees of the Bank, following the criminal indictment of Scott Hobson, the Bank's president, for defrauding the bank of nearly one million dollars. The appell... More...   $0 (08-26-2008 - NE)

John J. Sturzenegger sued Father Flanagan’s Boys’ Home (Boys Town) and a former Boys Town teacher based on an alleged instance of sexual abuse that occurred while Sturzenegger was a resident of Boys Town. After a rather contentious trial, a jury rejected Sturzenegger’s claims and the district court entered judgment against him. Sturzenegger appeals, claiming that the court erred in several r... More...   $0 (08-14-2008 - NE)

When Damrow Cattle Company (“DCC”) was placed in involuntary receivership and a Chapter 7 bankruptcy proceeding, fourteen cattle investors and corn producers1 who were fattening cattle and storing grain at the DCC feedlot lost over $1.7 million plus nearly $200,000 in bankruptcy litigation expenses. They sued the First National Bank of Holdrege (“the Bank”), DCC’s primary lender from 198... More...   $0 (07-11-2008 - NE)

Lynn R . McNeel brought this action under the Federal Employers’ Liability A ct (FELA), alleging that he was injured when he inhaled fumes while employed as a conductor by Union Pacific Railroad Company (Union Pacific). T he district court for Lincoln County granted Union Pacific’s Daubert/Schafersman motion to exclude McNeel’s expert witnesses from testifying and subsequently entered summar... More...   $0 (07-19-2008 - NE)

Betty Black (Black) sued attorney Ryan K. Shultz (Shultz) and his law firm, Reed, King and Shultz Law Office, for legal malpractice and partnership liability. Black's claims arose from Shultz's failure to pursue a sexual harassment suit against Black's employer, U.S. Bank, and from numerous misrepresentations made by Shultz during his representation of Black. A jury found Black's sexual harass... More...   $0 (06-24-2008 - NE)

This equity action involves a dispute among neighbors over four parcels of property. The disputed parcels are either part of or adjacent to a common driveway serving three lots, 6, 7, and 8, in the Hilltop of Oak Hills Highlands subdivision in Douglas County, Nebraska. The owners of lot 8, Mark Steven Pestal and Kimberly Ann Pestal, appellees, brought this action in the district court for Do... More...   $0 (06-19-2008 - NE)

On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four underlying personal injury cases were represented by the same attorney, who gave substantially the same closing argument on behalf of his clients at each trial. Asserting that defense counsel's closing arguments constituted misconduct, the plaintiffs sought n... More...   $0 (01-20-2008 - NE)

Aaron Sila brought this action under Neb. Rev. S tat. § 34-301 (Reissue 2004), to establish the east boundary line of his property adjoining the property of the defendant, Kirk Saunders. Sila sought to establish the boundary line in accordance with the original government survey. K irk asserted that under theories of mutual acquiescence and adverse possession, the historically recognize... More...   $0 (01-11-2008 - NE)

Otoe County enacted a zoning regulation that prohibits, among other things, the construction of single-family dwellings within a one-half-mile radius of certain animal feeding and waste handling facilities, unless the owner of the single-family dwelling grants an impact easement to the owner of the facility and the owner of the facility agrees to the easement. T he primary issue present... More...   $0 (01-11-2008 - NE)

This case presents an action originally brought by Paul D. Stewart and Beverly A. Stewart to establish a holdover tenancy under the terms and conditions of an expired lease agreement with the landowner, Darlene A. Bennett, trustee of the Darlene A . Bennett Revocable Trust. Bennett denied the existence of a holdover tenancy and asserted that any rule of law establishing a holdover tenan... More...   $0 (03-02-2007 - NE)

This is an appeal of a shareholder liability suit against Acceptance Insurance Companies and some of its officers. The shareholder group appeals the district court's1 orders granting a motion to dismiss and a motion for summary judgment as to all of their claims. The Appellants raise three major issues in this appeal. First, they argue that the district court erred by granting the Appell... More...   $0 (08-30-2005 - NE)

Tim Campbell, also known as Timothy C. Campbell, appeals the judgment entered by the Madison County District Court awarding Michael Nolan, the city administrator of Norfolk, Nebraska, $78,000 on his petition for libel and false light invasion of privacy and enjoining Campbell from specific uses of certain publications and terminology. While we uphold the award of damages, we must narrow the sco... More...   $78000 (12-21-2004 - NE)

The appellant, 24th & Dodge Limited Partnership (24th & Dodge), brought an action for wrongful declaration of default and wrongful foreclosure by the appellees, Acceptance Insurance Company, a Nebraska corporation (Nebraska Acceptance); Acceptance Insurance Companies, a Delaware corporation doing business in Nebraska (Delaware Acceptance); and John J. Jolley, Jr., trustee. The appellees... More...   $0 (01-07-2005 - NE)

In 2002, the City of Gordon abandoned proceedings it had instituted in the county court for Sheridan County to acquire by condemnation certain real property owned by Marshall D. Ruse and Hazel B. Ruse. The Ruses sought recovery of certain fees and costs pursuant to Neb. Rev. Stat. § 76-726(1) (Reissue 2003). The county court awarded the Ruses $1,500 in attorney fees but held that it lac... More...   $0 (10-08-2004 - NE)

Amy C. Robb filed a petition in the district court for Douglas County seeking dissolution of her marriage to Timothy L. Robb and sole custody of the couple's two minor children. Timothy filed an answer and cross-petition in which he sought joint custody. A temporary order provided that during the pendency of the dissolution proceedings, the parties were to have joint custody of the children,... More...   $0 (10-08-2004 - NE)

This case involves the guardianship of V.B. and S.B., whose parents died in separate drug-related incidents. In his will, Jeffrey B. (Jeff), the father, appointed George H. Shaner and Catherine Shaner as testamentary guardians, and after Jeff's death, the Shaners accepted that appointment. James Riggins and Teresa Riggins, the children's successor guardians under Jeff's will, filed a moti... More...   $0 (11-03-2004 - NE)

Bill Baumbach, Patrick Bolte, and Cecily Bolte (collectively the Appellees) filed a quiet title action in the district court for Red Willow County, Nebraska, against Bryan Hauxwell, Doug Hauxwell, Ami Hauxwell (collectively the Appellants), and John Doe. The Appellees alleged that they had acquired title to certain real property by adverse possession and sought damages for the destruction of a fen... More...   $0 (09-21-2004 - NE)

Patricia and Allen were married in Hawaii on February 14, 1993. No children were born during the course of the ... More...   $0 (09-14-2004 - NE)

Nick and La... More...   $0 (08-24-2004 - NE)

Upon the insolvency of Atlanta Elevator, Inc. (AEI), on March 11, 2002, the Nebraska Public Service Commission (PSC) assumed title to all grain in storage at AEI for the benefit of the owners, depositors, and storers of that grain. See Neb. Rev. Stat. § 88-547 (Reissue 1999). After combining the value of the grain inventory and a grain warehouse bond, a total amount available for distribution was... More...   $1083259 (08-20-2004 - NE)

In this proceeding to modify a paternity judgment, Jena R. Hume appeals from the district court's order denying permission to remove the child to Colorado and granting an increase in child support. Because we conclude that the trial court did not abuse its discretion except in determining the mandatory retirement deduction and in granting only a prospective increase in child support, we affirm as ... More...   $0 (08-24-2004 - NE)

Wynn R. Hall appeals from the decree of the district court for Fillmore County, Nebraska, dissolving his marriage to Diane L. Hall. Specifically, he challenges the district court's custody placement of the parties' minor children, division of property, award of child support, and award of costs and fees. For the reasons set forth herein, we affirm in part, affirm in part as modified, vacate in par... More...   $0 (07-27-2004 - NE)

Patricia A. Sousek, now known as Patricia A. Mandery, appeals from an order by the district court for Lancaster County, Nebraska, which terminated the joint custody arrangement in the parties' decree of dissolution and awarded custody of the parties' minor child to Steven John Sousek. Patricia alleges the court erred in determining that there was a material change in circumstances and in finding t... More...   $0 (06-30-2004 - NE)

Susan and Michael were married on Ap... More...   $0 (06-08-2004 - NE)

Mandy gave birth to Taylar on August 25, 1... More...   $0 (05-24-2004 - NE)

Sandra S. appeals from the order of the county court for Dodge County, Nebraska, sitting as a juvenile court, denying her motion to dismiss this case for lack of jurisdiction, and finding that it had continuing jurisdiction over this case following its adjudication of her son, Wesley S., as a juvenile under Neb. Rev. Stat. § 43-247(3)(b) (Cum. Supp. 2002). For the reasons set forth herein, we a... More...   $0 (05-18-2004 - NE)

Harland C. White appeals from a decree entered by the district court for Custer County dissolving his marriage to Nancy K. White. On appeal, Harland challenges the district court's determination and division of the marital estate. We originally decided this appeal on October 13, 2003, in an unpublished opinion. See White v. White, No. A-02-308, 2003 WL 22331646 (Neb. App. Oct. 14, 2003) (not de... More...   $37862 (04-20-2004 - NE)

The office of the Counsel for Discipline of the Nebraska Supreme Court, as relator, commenced this disciplinary proceeding against attorney Edward L. Wintroub, respondent. Following an evidentiary hearing, a referee appointed by this court found multiple violations of the Code of Professional Responsibility and recommended a 1-year period of suspension, with readmission subject to a period of prob... More...   $0 (04-23-2004 - NE)

Beau was born out of wedlock to Baldwin and Ladd on January 15, 1990. Beau has resided with Ba... More...   $628 (03-30-2004 - NE)

Deborah Lee Willcock and Kit Dwight Willcock each had one of their minor children, both sons, in their physical custody prior to Deborah's filing an application to modify the parties' decree of dissolution. When the parties' elder son (who was in Kit's physical custody) reached the age of majority, Deborah filed this action, seeking to establish child support for the parties' younger son. Kit file... More...   $0 (03-05-2004 - NE)

Meylan Enterprises, Inc. (Meylan), sued W-S Industrial Services, Inc. (W-S), the estate of David L. Schmitz, John B. Wiese, Darrell F. Roane, and Cheryl Ridenour (collectively the defendants) for damages under several theories on the basis that Schmitz, Wiese, Roane, and Ridenour had conspired to obtain and use information they acquired through their employment with Meylan for the benefit of W-S, ... More...   $0 (02-20-2004 - NE)

A decree of dissolution was entered on October 2, 1996, by the district court for York County, dissolving the marriage of Lela L. and Roger L. and awarding the parties joint physical and legal custody of their three minor daughters. On March 8, 2002, Lela filed an application to modify the decree, and the district court entered an order on February 26, 2003, placing sole custody of the parties' da... More...   $1217 (02-20-2004 - NE)